JUNE 23, 1834.

_To the Senate of the United States_:

I transmit for the consideration and action of the Senate a treaty

concluded with the Cherokees for the cession of their lands east of the

Mississippi River.

It is known to the Senate that for some years great difficulties have

been experienced in the relations of that tribe. Without further

allusion to these than as they furnish strong inducements to a final

settlement of all the questions involved in our intercourse with these

Indians, it is obvious from the existing state of things that they

can not continue in their present position with any hope of ultimate

prosperity. I have been, therefore, desirous that a just and

satisfactory arrangement should be made for their removal, and

propositions to that effect upon a liberal scale have been repeatedly

made to them. These have until now been rejected, and their rejection,

I have been induced to believe, has been owing more to the ascendency

acquired by individuals who are unwilling to go than to the deliberative

opinion of a majority of the Cherokee people. Some years since a form

of government was established among them, but since the extension of

the laws of Georgia and Alabama over them this government can have no

binding effect upon a great majority of them. Its obligation is also

denied by many of them in consequence of the continuance of certain

persons in power contrary to the principles of their fundamental

articles of association. A delegation from the persons claiming to hold

their authority under the former existing state of things is in this

city, and have communicated with the War Department on the subject of

their situation and removal. They deny the right of the persons who have

negotiated this treaty to perform such an act, and have remonstrated

against it. Copies of their communications are herewith transmitted.

The delegation who have signed the present treaty have produced an

authority from William Hicks, designating himself as principal chief,

and others, signing the same in an official capacity. It is understood

from the report of Major Currie, the enrolling agent, that public

notice was given to all persons desirous of emigrating to attend

upon a particular day and place in order to appoint representatives

to communicate with the Government and to arrange the terms of cession

and removal. In conformity with this notice a meeting was held and the

authority herein referred to was the result.

In consequence of this application John H. Eaton was appointed to meet

and confer with them and to report their views to the War Department.

These are embodied in the treaty which is presented to your

consideration.

Under these circumstances I submit the matter to the decision of the

Senate. The practice of the Government has not been very strict on the

subject of the authority of the persons negotiating treaties on the part

of the Indians. Sometimes it has been done by persons representing the

tribe and sometimes by the individuals composing it. I am not aware that

a case similar in its features to the present has ever before required

the action of the Government. But, independently of the considerations

which so forcibly urge a settlement of this matter, no injustice can be

done to the Indians by the ratification of this treaty. It is expressly

provided that it will not be binding upon them till a majority has

assented to its stipulations. When that assent is given no one can

justly deny its obligation.

The Cherokees east of the Mississippi occupy a portion of the

territories of four States, to wit, Georgia, North Carolina, Tennessee,

and Alabama. The treaty provides that the communities inhabiting

those divisions shall each be considered as acting for themselves

independently of the others. We have frequently in our intercourse

with the Indians treated with different portions of the same tribe as

separate communities. Nor is there any injustice in this as long as they

are separated into divisions without any very strong bond of union, and

frequently with different interests and views. By requiring the assent

of a majority to any act which will bind them we insure the preservation

of a principle which will afford adequate security to their rights.

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